New York Times v.
United States
DANNY MINGO
Parties Involved

Plaintiff- New York Times

Defendant- United States
Background

1971

Daniel Ellsberg copied the “Pentagon Papers”

7000 page analysis of United States involvement in
Vietnam

Sent copies to the New York Times and the
Washington Post

Government filed an injunction to prevent
publication
Issue of Law

Whether or not the First Amendment right to freedom of the press is
absolute

Whether or not the public has the “right to know”

Whether prior restraint is every justified, even in the event of a
suspected national security threat
Court Ruling

U.S. District Court for the District of Columbia- Ruled in U.S. favor

U.S. Court of Appeals for the District of Columbia Circuit- Ruled in
U.S. Favor

Supreme Court- Ruled in the favor of the New York Times

Prior restraint is not justified

No proof that national security was at risk
Political Impact

Established the First Amendment as absolute

Set the precedent for the use of prior restraint

Established requirements for supposed national security threats
Works Cited

Digital History (Digital History)
http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=
4093

New York Times v. United States (1971) - Bill of Rights Institute (Bill of
Rights Institute)
https://billofrightsinstitute.org/educate/educator-resources/lessonsplans/landmark-supreme-court-cases-elessons/new-york-times-vunited-states-1971/

http://nsarchive.gwu.edu/NSAEBB/NSAEBB48/decision.pdf

Waldo Jaquith (Waldo Jaquith)
https://waldo.jaquith.org/blog/2006/06/nyt-v-us/